July 31, 2013

TUPE and apportioning liability

The details of this case concerned a TUPE transfer where claims were brought against both transferor and transferee for a failure to inform and consult under TUPE. The Tribunal had chosen to apportion the compensation for a breach of the regulations wholly to the transferee. However the EAT held that it was quite clear that TUPE provided for the liability to be joint and several between the transferor and transferee in claims for failure to inform and consult.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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